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Indictment may be traversed.
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III. Provided always, and be it enacted, That it shall and may be lawful to and for every person who shall be affected by such indictment or presentment, to put in his traverse to the same, at the assizes, or at any general quarter sessions, at which it shall be so found and presented, by pleading that such inclosure, house, hut, or cabin is not an encroachment upon such common, which traverse shall be forthwith tried, if there shall be time for trying the same, and if not then, at the next assizes or general quarter sessions ensuing, and the verdict to be found upon such traverse shall be final and conclusive, as to the matter of the same, saving to all persons, and to all bodies politic and corporate, their heirs and successors respectively, all rights of common to which they now are, or hereafter may be entitled.
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